IDOL SHRIJI Vs. GAPPULAL

JUDGEMENT

(1.) THIS appeal under section 100 of the Code of Civil Procedure is by the appellant -plaintiff against the judgment and decree dated 28.2.1974 passed by the First Additional Judge to the Court of First Additional District Judge, Bhopal, in Regular Civil Appeal No. 9 -A of 1973.

(2.) BRIEF facts of the case are that Idol Shriji Lakherapura temple located at Bhopal is a public trust which was initially not registered but the registration was effected in the year 1969 during the pendency of the present suit. The names of the trustees mentioned in column 3 of the registration copy on record are (i) Goswami Ratnaprabha (ii) Shri Babulal Sharma as Mukhia and working trustee. Before the trust was registered Babulal Sharma alone as the sole trustee determined the tenancy of the respondent No.1 -defendant in relation to the suit accommodation by service of a quit notice (Ex. P -3) dated 22.2.1961 under section 106 of the Transfer of Property Act. Since respondent No. 1 -defendant neither vacated the suit accommodation nor paid the demanded arrears of rent, the present suit was filed in the name of Idol Shriji through Babulal Sharma on 19.4.1961 for the ejectment of the respondent No.1 -defendant from the suit accommodation and also for the realisation of arrears of rent. But in view of the provisions of section 32 (1) of the M.P. Public Trusts Act, 1951, the public trust being unregistered, the civil court could not proceed with the suit. Therefore, the trial Court stayed the suit till the public trust was got registered under the M.P. Public Trusts Act, 1951. The registration was effected on 14.11.1969 and the other trustee Smt. Ratanprabha was first joined as defendant No.2, but later vide trial Court's order dated 28.1.1972 she was transposed as plaintiff No.2, who is now respondent No.2. The suit was contested by respondent No.1 -defendant on various counts by denying all the allegations.

(3.) HAVING heard learned counsel of the parties, I am of opinion that this appeal has merit and it must be allowed.